HomeMy WebLinkAbout12/23/1957 - Regular MeetingDecember 23, 1957
The City Council of the City of Newport Beach met in regular Regular session.
session in the Council Chambers of the City Hall at the hour of
7:30 P.M.
' The roll was called, the following members being present: Roll call.
Councilmen Hart, Wilder, Stoddard, Higbie and Hill; Councilmen MacKay
and Ridderhof being absent.
On motion of Councilman Stoddard, seconded by Councilman Higbie _Approval of
and carried, the reading of the minutes of December 9, 1957, and m nuts es.
December 16, 1957, was waived, and the minutes were approved as
written and ordered filed.
The Clerk read her report regarding the opening of bids, in Re bid opening for
her office on December 19, 1957, for the construction of sewers and construction
water main, North Speedway, Collins Avenue and Opal Street, Balboa sewers amd water
Island. The Council was furnished with a list of the seven bids mabn a oa
received, to wit: Is a- `]Ind-
James I. Gallacher $38,612.50
Bidders.
L. Castillo 41,598.20
Edwin L. Barkley 45,675.00
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Ace Pipe Line Construction 59,843.50
request "that the City remove the ornamental trees planted in the
Barnett Bros. 632842.50
A. H. Famularo 64,925.00
M. Miller Co. 77,786.50
and replace them with a pedestrian 'safety island' for walkers caught
The City Manager stated that it was his recommendation and the
R -4719, awarding
recommendation of the Public Works Director, that the contract be
contract to James
awarded to James I. Gallacher, the low bidder, at the contract price
Y. Gallacher,
of $38,612.50. On motion of Councilman Stoddard, seconded by Council-
a opted
man Higbie and carried, Resolution No. 4719, awarding the contract
'
for said construction to James I. Gallacher at the contract price of
On motion of Councilman Stoddard, seconded by Councilman
$38,612.50, and authorizing the Mayor and City Clerk to execute said
contract, was adopted by the following roll call vote, to wit:
Electronic
AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Hill
J. Phillips, Chairman of the Industrial Delegation, regarding the
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: MacKay, Ridderhof
On motion of Councilman Stoddard, seconded by Councilman Higbie
Appropriation
and carried, the following Appropriation Request was approved:
Request No. 78.
No. 78, in the amount of $23,300, from Surplus -
Approved.
Water Bond, 1957, Construction Fund to Water
Reservoir - Land Improvements; funds for Balboa
Island water line deficiency replacement.
On motion of Councilman Higbie, seconded by Councilman Stoddard
Appropriation
and carried, the following Appropriation Request was approved:
Request N7.
No. 77, in the amount of $22,350, from Surplus -
Approved.
General Fund to Sewers - Land Improvements; funds
for Balboa Island sewer replacement.
COYMNICATIONS
The Clerk presented the Claim for Damages of Adeline W. Hoffmann, Claim for Damages
' in the amount of $2,000, for injuries sustained on September 28, 1957, of Adeline W.
at or near 304 Marine Avenue, Newport Beach, allegedly caused by a Hokfmann.
defective sidewalk; which claim had been received by the Clerk in the
mail on December 16, 1957. On motion of Councilman Hart, seconded by
Councilman Higbie and carried, said claim was denied and the action
of the City Clerk in referring the matter to the insurance carriers on
December 16, 1957, was confirmed.
The Clerk presented the Claim for Damages of J. Christopher Claim for Dameges
Miller, a minor, by his legal guardian and mother, Barbara Rusch, in oC rash gopher
the aggregate amount of $6,000, for injuries sustained on September 20, 1n°JLiLer<
1957, on Breakers Drive, Corona del Mar, allegedly caused by the minor
colliding, while on a bicycle, with an unmarked chain which had been
placed across the roadway at the bottom of the hill. Said Claim for
Damages was served on the City Clerk on December 18, 1957. On motion
of Councilman Hart, seconded by Councilman Higbie and carried, said
claim was denied and the action of the City Clerk in referring the
matter to the insurance carriers on December 19, 1957, was confirmed.
A letter was presented from Dr. Irving E. Laby, President of
Re trees planted
the Central Newport Beach Community Association, containing the
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request "that the City remove the ornamental trees planted in the
Boulevard.
circles at the ends of center dividing strips along Balboa Blvd.,
and replace them with a pedestrian 'safety island' for walkers caught
midway while crossing busy Balboa Blvd." On motion of Councilman
Hart, seconded by Councilman Higbie and carried, said letter was
referred to the City Manager for study and report.
'
On motion of Councilman Stoddard, seconded by Councilman
Re National
Wilder and carried, a letter- report was ordered filed from William
Electronic
J. Phillips, Chairman of the Industrial Delegation, regarding the
Con`Yence.
National Electronic Conference held October 7 -9, 1957, in Chicago.
A
Discussion re clearing
u�' 9ui�et titles on
RiveF Avenue
which are to be used in
trade for Channel
Place lots.
Parks Beaches and
ecreation Commission's
a prova o ro osa s
o Tec pica Advisory
ommittee on master
planning or Corona del
Mar beach.
A letter was pre
Beaches and Recreatio
Channel Place Park ha
his study and to be t
Penney to clear up qu
to be used in trade f
apparently desiring t
activities, recommend
of a lease to be made
well as a contract to
so that the City woul
property." A discuss
to proceed with an in
investigation, to con
the adjoining "triang
be given to the possi
pending acquisition.
Councilman Stoddard a
Attorney for report.
On motion of Cou
and carried, a letter
the Parks, Beaches an
Commissioners were en
the Technical Advisor
del Mar beach are ext
Vandervort, seconded
that the Commission a
wholeheartedly endors
nted from Tom Norton, Chairman of the Parks,
Commission, stating that the material regarding
just been given to the new City Attorney for
ned back to former Acting City Attorney Jack
t titles on the River Avenue lots,.which are
Channel Place lots. The Commission,
use the park area next summer for recreational
that the Council "investigate the possibility
in Channel Place lots #1 and #2, Block 145, as
urchase or trade on an established price basis
then be in a position to make use of the
in was had, and the City Attorney was requested
stigation of the matter and, during his
.ct Mr. Earl Stanley regarding the acquisition of
property." It was suggested that consideration
lity of a lease of the properties involved,
t motion of Councilman Hart, seconded by
carried, the matter was referred to the City
ilman Stoddard, seconded by Councilman Wilder
as ordered filed from Tom Norton, Chairman of
Recreation Commission, stating that "The
usiastic in their 'belief ,that the proposals of
Committee on master planning for the Corona
mely good, and a motion was made by Commissioner
Commissioner Burton, and unanimously carried,
roves this report, dated December 16, 1957, and
the Council's action on this plan."
Report re master planning On motion of Councilman Stoddard, seconded by Councilman Hart
o Corona a Mar State and carried, the report of the Technical.iAdvisory Committee for the
Beach a opte an master planning of the! Corona del Mar State Beach, dated December 16,
approve 1957, was adopted and approved.
Tabulation and re ort On motion of Councilman Hart, seconded by Councilman Wilder and
re c1 —'lan ei a of– carried, the following tabulation and report from the City Clerk of
the City. all communications received to and including December 23, 1957, regarding
the proposed change of name of the City of Newport.Beach was ordered
filed:
Those
who want
the question on the
ballot
371
presented for Exempt License, non - profit, of
F.F. K. Meyers, re
Frank Milburn Meyers,
1370 Alametis, Long Beach, for house to house
ick u so illicit tion
Those
who doi
not want the question
on the ballot
89
Those
who have
specifically stated
they want the
name changed
to Newport Harbor
applicances and salvagable material by the Salvation Army."
240
Those
who hive
specifically stated
they want the
of Miss Rosemary Waters,
name to remain
the same
Santa Ana, for the sane
56
Those who have specifically stated they want the
name changed to Balboa 3
Statements of Councilman Stoddard commented that, in his opinion, so far
Counc man Stoddard sufficient evidence had not been shown that it is to the interest of
re name c ange. the majority of votersi that the proposed change of name be on the
ballot in April.
1
LICENSES
Exempt License of
An Application was
presented for Exempt License, non - profit, of
F.F. K. Meyers, re
Frank Milburn Meyers,
1370 Alametis, Long Beach, for house to house
ick u so illicit tion
soliciting to pick up
discarded clothing, household appliances and
or the salvation
salvagable material for
the Salvation Army, 1370 Alametis, Long Beach.
Army.
On motion of Councilman Wilder, seconded by Councilman Stoddard and
carried, said application was approved with the substitution of the
word "by" for "for" in the phrase "pick up discarded clothing, household
.........
applicances and salvagable material by the Salvation Army."
Exem t Li.cense._for
On motion of Councilman Wilder, seconded by Councilman Stoddard
sa e o eanuts
and carried, an application was approved for Exempt License, non - profit,
Camp Fire it s.
of Miss Rosemary Waters,
Region V Field Adviser, 118 West Fifth Street,
Santa Ana, for the sane
of peanuts by Camp Fire Girls, on and between
the dates of January 1!7,
1958, through.February 3, 1958.
ADDITIONAL BUSINESS
Discussion had re
The City Manager
stated that an application had been made for a
appi scat on for building
building permit by Mr.
Max Walter on Lot 26; Block A -35, Corona del Mar
permit bv Mr. Max
Subdivision. He stated
that the subject; lot is a bluff lot facing the
Walter, o26, Block
parking lot on the Corona
del Mar main beach, and is one of the several
A- 35 Corona del Mar
privately owned lots which
have been considered for a long period of
z,iF vision.
time for acquisition liy
the State in the plans for the development of
the Corona del Mar State
Beach. Confirming his statements, the City
Manager read a telegram,
received on December 23,. 1957, from Newton B.
Drury, Chief of the Division
of Beaches and Parks, which contains the
following statement:
"State Park Commission previously agreed subject
lands, Corona del Mar,
logically belong in Park when they approved
Orange County Master Plan.
We hope that properties with which City
is concerned can be acquired
for park purposes, although no State
1
funds are available." The City Manager stated that he had been advised
that consideration would be given immediately by the State to an attempt
to transfer funds so that some steps could be taken towards the
acquisition of subject property in accordance with the Five Year Master
Plan adopted by the State in 1956. Mr. Walter was in the audience, as
was his contractor, Mr. Charles Masters. They both verbally agreed that
' they would take no action in regard to this matter until after the
Council meeting to be held January 13, 1958, to enable the Council to
determine, if possible, a means to acquire the subject property. The
Clerk announced that five letters had been received on December 23, 1957
opposing the use of said property for any use except as proposed in
plans for the public beach. Councilman Stoddard stated that a sixth
letter in opposition had been received, and he handed the letter to
the Clerk. Councilman Stoddard stated that it was time for the City
to take definite action either towards acquisition of the property
by the State or by the City, or to enable the owners to proceed with
their building plans.
The City Manager presented a draft of a proposed letter to be
sent to the State Department of Public Health in opposition to the
State's proposal to establish minimum safety regulations for the
public use of water - contact sports areas. The City Manager stated
that it seems a necessary function of the State to regulate the
quality of water in terms of sanitation and bacteriological
standards, but that the manner of the public's use of the water and
beach areas should be administered by the local government as it
would be better able to determine the safety standards necessary.
On motion of Councilman Stoddard, seconded by Councilman Wilder
and carried, the proposed letter was approved.
MR,
Discussion re pro-
pose etter to-be
sent to Stage.
Ne arc tm nt eea o
Pu I Health in
o�osi�tgon to
state s Drop al
to establish
minimum afe
raga atzons re
eac es.
Discussion had
re licensing of
games and devices
in t e Penn --
Arcacies.
Public - bnten hearin re
Rt to
annex "Jamboree
TZoad Annex."
Ord. No. 840. ,
A rovin
or
I a� me Road
nnex .
Ord. No. 840
asscond
reading.
Ap ro riation
Request 1'0. 6
approved.
A letter was presented from Max Hurwitz of Hurwitz and
Hurwitz, Attorneys at Law, representing James Marksity, owner and
operator of the Bay Arcade, Richard Sandoval, owner and operator
of the Playland Arcade, and Harold W. Hannaford, owner and
'
operator of the Fun Zone Arcade. Said letter requests that the
Council review Sections of-the Municipal Code pertaining to the
licensing of games and devices in the Penny Arcades and the
license fees charged therefor. A discussion was had. It was
stated that apparently the intention of the Council in the past
has been to eliminate from licensing the games which are games of
chance, as opposed to games of skill, and which pay off to the
customer. The City Attorney pointed out that it was difficult
to draw a line at the point where a game is to be considered a
pay -off game when the games pay off in such things as charms,
marbles, et cetera. It was brought out that games of chance in
a Penny Arcade presented a less difficult policing problem than
similar games spread throughout the City since, under one
supervision, illegal pay -offs would be relatively easy to
ascertain. On motion of Councilman Wilder, seconded by Councilman
Hart and carried, the letter from Hurwitz and Hurwitz was ordered
filed. The City Manager and the City Attorney were requested to
study the matter and to determine an equitable solution to the
license fee schedules involving Penny Arcades and to clarify the
descriptions of machines which may be licensed and those which may
not be licensed. Upon being questioned by Councilman Stoddard,
the City Attorney stated it might take longer than thirty days to
arrive at a solution and to prepare necessary amendments to the
Code to clarify the situation, and in view of the Council's request
for recommendations, enforcement of Section 6113.1(c) of the Code
will not be undertaken on January 1, 1958.
Mayor Hill declared the meeting open for a public hearing
intention
regarding Resolution No. 4702, being a resolution of to
annex "Jamboree Road Annex." There were no protests and Mayor
Hill closed the hearing.
Ordinance No. 840, being
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
APPROVING THE ANNEXATION TO THE CITY OF
NEWPORT BEACH OF CERTAIN UNINHABITED
TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT
BEACH AND KNOWN AS "JAMBOREE ROAD ANNEX,"
was presented. On motion of Councilman Wilder, seconded by
Councilman Higbie and carried, the first reading of said ordinance
was waived. On motion of Councilman Wilder, seconded by Councilman
Higbie and carried, Ordinance No. 840 was passed to second reading
by the following roll call vote, to wit:
AYES, COUNCILMEN: Hart, Wilder, Stoddard, Higbie, Hill
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: MacKay, Ridderhof
On motion of Councilman Stoddard, seconded by Councilman Hart
and carried, Appropriation Request No. 76 was approved in the amount
of $13,830.28, from Water Fund Surplus to Water Administration -
Professional Services; for financial consulting services of Stone
and Youngberg in regard to Water Bonds, 1957; for legal services of
O'Melveny & Myers; for charges of Jeffries Banknote Company and
Beckner Photo Service.
MR,
Discussion re pro-
pose etter to-be
sent to Stage.
Ne arc tm nt eea o
Pu I Health in
o�osi�tgon to
state s Drop al
to establish
minimum afe
raga atzons re
eac es.
Discussion had
re licensing of
games and devices
in t e Penn --
Arcacies.
Public - bnten hearin re
Rt to
annex "Jamboree
TZoad Annex."
Ord. No. 840. ,
A rovin
or
I a� me Road
nnex .
Ord. No. 840
asscond
reading.
Ap ro riation
Request 1'0. 6
approved.
W1
Resignation of Robert
S. ingr c�r�om t o
ositio- ri Director
o P� arms Beaches and
Recreation receive a.-
R -4720 adopted re
Mutua. i ire
Protect ion reement
witTi 'City ot San
Clemente.
The City Manager pr
with Levanas and Riley f
proposed Corona del Mar
A.I.A., and Raymond Leva
1957, agreed to prepare
detailed estimate of the
said services to be comp
to be credited to a futu
if they are authorized t
of Councilman Stoddard,
City Manager was authori
Levanas as proposed, and
Surplus to the Library B
The resignation of
of Parks, Beaches and Re
Council. Mayor Hill exp
work that Mr. Gingrich h
of Councilman Hart, seco
of the resignation of Mr
The report of the C
the Appellate Court opin
and Virginia L. Kling, w
states that it is his op
Supreme Court. On motia
Wilder and carried, said
was agreed that action a
S. and Virginia L. Kling
would be taken at the Co
The recommendation
concurred, that the City
of San Clemente, was pre
by Councilman Hart and c
and City Clerk to execut
City of San Clemente, wa
AYES, C
NOES, -C
ABSENT,
R -4721 adopted, The revised Master
receiving the Master Associates, having been
P an setting a pu is 1957, was presented to t
eiearing Neon of r — dated December 20, 1957,
January , and The Irvine Company, date
fired ctin —City e k tosuggestions regarding th
pu is notice. Councilman Stoddard, sec
letter from The Irvine C
at the time of the heari
Wilder, seconded by Coun
being a resolution recei
setting a public hearing
City Clerk to publish a
roll call vote, to wit:
AYES, C
NOES, C
ABSENT,
Appropriation _Request On motion of Counc
No. approved. carried, Appropriation
Surplus - Water Bond, 1
Improvements for funds
from Newport Island to
Re case of Harriman
vs. the City of
Io ort eac
ut orizati.on
re services o R. L.
Patterson.
Meeting adjourned.
The City Attorney s
Complaint in the case of
requested that the Counc
Patterson, the former Ci
familiar with the proper
motion of Councilman Har
the City Manager and the
services of Mr. Patterso
On motion of Counci
and carried, the meeting
ATTEST:
sented for consideration the proposed agreement
r preliminary plans and cost estimates for the
ranch Library. Architects Herbert E. Riley,
as, A.I.A., in a letter dated December 23,
reliminary plans for the library building and a
cost of construction for the sum of $1500,
eted on or before January 20, 1958, said fee
e fee contract for complete plans and supervision
complete the plans for the project. On motion
econded by Councilman Hart and carried, the
ed to employ said Herbert E. Riley and Raymond
an additional appropriation from Library Fund
daet. was authorized.
bert S. Gingrich from the position of Director
eation, was brought to the attention'of the
ssed the appreciation of the Council.for - the
done in developing his Department. On motion
ed by Councilman Wilder and carried, the notice
Gingrich was received with regret.
ty Attorney, dated December 23, 1957,.regarding
on on the Resubdivision Application of Donald S.
s presented. In said report, the City Attorney
pion that a hearing should not be sought in the
of Councilman Stoddard, seconded by Councilman
report of the Cityivtitorney was accepted. It
proving the Resubdsion A ?plication of Donald
and rescinding the Council s prior action,
ncil meeting on January 13, 1958.
,f the Fire Chief, in which the City Manager
enter.into a Mutual Aid Agreement with the City
ented. On motion of Councilman Wilder, seconded
rried, Resolution No. 4720, authorizing the Mayor
a Mutual Aid Fire Protection Agreement with the
adopted by the following roll call vote, to wit:
Hart, Wilder, Stoddard, Higbie, Hill
None
MacKay, Ridderhof
lan submitted by the firm of'Hahn, Wise and
dopted by the Planning Commission on December 19,
e Council with two transmittal letters, each
from the Planning Commission. A letter from
December 20, 195T,, commenting and making
Master Plan was.also presented. On motion of
nded by Councilman Wilder and carried, the
mpany was ordered to be held over for discussion
g on the Master Plan. On motion of Councilman
ilman Stoddard and carried, Resolution No. 4721,
ing the Master Plan from the Planning Commission,
thereon for January 13, 1958, and directing the
otice of said hearing, was adopted by the following
Hart, Wilder, Stoddard, Higbie, Hill
None
MacKay,.Ridderhof
n Wilder, seconded by Councilman.Hart and
est No. 79, in the amount.of $2895, from
Construction Fund to Water Reservoir - Land
the installation of a submarine water main
boa Coves, was approved.
ated that he had filed an Answee and Cross -
Harriman vs. the City of Newport Beach. He
1 authorize the employment of Mr. R. L.
y Engineer of the City of Newport Beach, who is
y involved in the action, as consultant. On
, seconded by Councilman Stoddard and carried,
City Attorney were authorized to obtain the
in connection with this action.
.man Stoddard, seconded by Councilman Wilder
was adjourned.
My-or
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